JOHN INYANG OKORO, JSC (Delivering The Leading Judgement): This is an appeal against the decision of the Court of Appeal, Abuja Judicial Division, delivered on the 13th day of January, 2022, which set aside the decision of the High Court of the Federal Capital Territory, delivered on the 16th day of June, 2015.
The respondent herein, Felix Ngozi Achi, was arraigned along with two others before the trial court on a 3 count charge. The first count charged him with conspiracy to commit armed robbery. Its particulars are that the respondent, one Ogechukwu Oghanwa 'm', Nancy Okpoh 'f ', and others now at large, on the 25th day of October, 2012, at Saint Michael's Catholic Church, Garaku Lafia in the Lafia Judicial Division triable in the Maitama Judicial Division of the Federal Capital Territory, conspired to commit a felony to wit: Armed Robbery and thereby committed an offence punishable under Section 6 (b) of the Robbery and Firearms (Special Provisions) Act, Cap R11, LFN 2004. The secon…